12/10/2025 7:55:38 PM Lawmakers Weigh in on USPTO’s Proposed Modifications to IPR Process By Jim Day Raven Quesenberry The U.S. Patent and Trademark Office published a notice of proposed rulemaking on October 16, 2025, titled “Revision to Rules of Practice...
12/3/2025 5:11:08 PM Taxing Patents Based on their "Value" Would Upend Patent Litigation Damages By Eugene Mar There has been some recent suggestion from the Department of Commerce and this current Administration that they would impose a 1-5% fee...
9/2/2025 7:20:37 PM AI and the Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings By Alex Reese By Alex Reese and Tom Pardini Two judges in the Northern District of California recently issued groundbreaking summary judgment rulings...
7/22/2025 1:08:38 PM Growing Momentum for AI’s Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings By Alex Reese Within the same week, two judges in the Northern District of California issued groundbreaking summary judgment rulings regarding whether...
5/22/2025 8:48:54 PM Federal Circuit Scales Back IPR Estoppel in Ingenico, Resolving District Court Split By Winston Liaw Victoria Huang On May 7, 2025, the Federal Circuit issued its decision in Ingenico Inc. v. IOENGINE, LLC,[1] holding IPR estoppel does not preclude...
5/12/2025 4:24:43 PM In Limited Cases, Foreign Trademarks Can Affect U.S. Registration Rights By Farella Braun + Martel It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions...
5/8/2025 7:44:31 PM With Trademark Claims Against Gray Market Goods, the Devil Is in the Details By Farella Braun + Martel When a third party purchases a manufacturer's goods intended for distribution outside of the U.S., and then imports those goods into and...
4/17/2025 11:37:32 PM Reassignment on Remand Highlights Tension Between District Courts, Federal Circuit in Patent Cases By Jeffrey Fisher Raven Quesenberry In a recent decision, the Federal Circuit not only reversed a North Carolina district court’s judgment of noninfringement, but took the...
3/28/2025 11:56:10 PM Injunctive Relief Is Not Yet a Viable Remedy for Copyright Infringement Claims Involving GenAI By Eugene Mar Su Li Since a February 11, 2025 decision by Judge Stephanos Bibas finding in favor of Plaintiff Thomson Reuters on copyright infringement...
3/26/2025 6:46:21 PM Injunctive Relief Is Not Yet a Viable Remedy for Copyright Infringement Claims Involving GenAI By Su Li Since a February 11, 2025 decision by Judge Stephanos Bibas finding in favor of Plaintiff Thomson Reuters on copyright infringement...
3/10/2025 9:44:38 PM Machine Unlearning – A Potential Option for Remedy? By Su Li Machine unlearning (MU) is a concept that is likely more interesting to lawyers than to data scientists, as the latter typically focus on...
3/6/2025 12:29:37 AM EDTX's Resurgence as the Top Patent Hot Spot By Su Li Judge Mazzant’s case assignment order on March 3, 2025, brought the topic of the Eastern District of Texas (“EDTX”) being the busiest...
2/20/2025 6:34:00 PM Trademark Demand Letters: Empty Threats Can Be Costly By Farella Braun + Martel You’ve worked to come up with a brand that you are proud of that embodies the promise your company makes to consumers with its products...
2/14/2025 6:48:11 PM Ruling Against Fair Use Defense for AI Training Seems To Be Narrow, but Is It? By Farella Braun + Martel In rejecting an AI company's fair use defense for using Thomson Reuters' Westlaw headnotes to train its competing legal tool, Judge...
2/3/2025 7:13:24 PM Is Fair Use Threatening to Swallow Computer Copyright Protection? By Eugene Mar This case tested the contours of the landmark Google v. Oracle computer software code fair use decision. Astronics, a military aerospace...
1/30/2025 6:26:42 PM Copyright Office Report Further Clarifies Human Authorship Requirement for Copyrightability of AI-Generated Works By Farella Braun + Martel In a long-anticipated report from the U.S. Copyright Office providing guidance on the copyrightability of works created by and/or with...